David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy Today 23:117-132 (2007)
The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the rights of individuals in weaker states and preserving global stability. The requirement of state consent preserves individual rights better than attempts to assert non-consensual liberal norms as international law, such that the internationalist system is more legitimate than the cosmopolitan on the latter’s own terms
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph Raz (2010). Human Rights Without Foundations. In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press
Pauline Kleingeld (1998). Kant's Cosmopolitan Law: World Citizenship for a Global Order. Kantian Review 2 (1):72-90.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Sharon Anderson-Gold (2007). Cosmopolitan Community and the Law of World Citizenship. The Proceedings of the Twenty-First World Congress of Philosophy 3:45-50.
Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.
Andrew Altman (2009). A Liberal Theory of International Justice. Oxford University Press.
Ch Perelman (1982). The Safeguarding and Foundation of Human Rights. Law and Philosophy 1 (1):119 - 129.
Cristina Lafont (2010). Accountability and Global Governance: Challenging the State-Centric Conception of Human Rights. Ethics and Global Politics 3 (3):193-215.
B. Sharon Byrd (2010). Kant's Doctrine of Right: A Commentary. Cambridge University Press.
Added to index2011-12-02
Total downloads13 ( #179,414 of 1,700,311 )
Recent downloads (6 months)4 ( #161,079 of 1,700,311 )
How can I increase my downloads?